ELECTION STANDARDS

1
ELECTION STANDARDS

• HOLLYWOOD CERAMICS/ GENERAL KNIT Election
  overturned when there is
• a substantial departure from truth
• timed so that other party cannot effectively
  reply
• reasonable expectation that election may have
  been affected
• misrep of facts within special knowledge of
  campaigner

• SHOPPING KART/ MIDLAND Election overturned when
  there is
• forgery which renders voters unable to recognize
  propaganda for what it is
• alteration of a Board document to indicate an
  endorsement of one party

2
RATIONALE FOR DIFFERENT VIEWS

• REGULATION
• principle of laboratory conditions as a
  vehicle for protecting employee free choice
• employees should be protected from deceptive
  campaign practices
• -obligations of Board to insure fair elections

• DEREGULATION
• objectivity in administration of NLRA and
  campaigns
• finality in election results due to reducing
  ambiguity in election standards and scope of
  objectionable conduct
• employees can discern propaganda and evaluate it

3
PERIODS OF ELECTION REGULATION

• ELECTIONS REGULATED FROM 1948 - 77, 1978-82

• ELECTIONS DEREGULATED FROM circa 1944-1948,
  1977-78, 1982-present

4
NLRB DOCTRINE ON REGULATING CAMPAIGN PROPAGANDA

• REGULATE ELECTIONS
• GENERAL SHOE (48)
• GUMMED PRODUCTS (55)
• HOLLYWOOD CERAMICS (62)
• GENERAL KNIT (78)

• DEREGULATE ELECTIONS
• MAYWOOD HOSIERY (45)
• SHOPPING KART (77)
• MIDLAND NATIONAL LIFE (82)